DUI Penalties, Priors & Felony DUI

When does a DUI become a felony in Florida?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A third within ten years of a prior, a fourth ever, or any DUI causing serious bodily injury or death. A third outside ten years is still a misdemeanor.

The common statement that "a third DUI is a felony" is only partly right, and the part that's wrong matters.

A third conviction within ten years of a prior is a third-degree felony — thirty days mandatory to five years, a ninety-day vehicle impoundment, and a ten-year revocation.

A third outside that ten-year window is a misdemeanor, though with elevated fines and up to twelve months.

A fourth or subsequent conviction is a felony regardless of timing. Florida counts priors across a lifetime for this purpose, so a conviction from decades ago still counts toward the fourth.

Separately, any DUI causing serious bodily injury is a third-degree felony, and any DUI causing death is a second-degree felony — now a first-degree felony where the person has a prior qualifying fatality conviction.

So the answer turns on two different clocks and one severity question.

Count the dates before you assume which category you're in. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.